4820 Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Rules and Regulations 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards is inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that limit the use of a 

categorical exclusion under section 

2.B.2 of the Instruction. Therefore, 

under figure 2–1, paragraph (34)(g) of 

the Commandant Instruction 

M16475.1D, this rule is categorically 

excluded from further environmental 

documentation. 

List of Subjects 33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and record-keeping 

requirements, security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T14–132 to read as 

follows: 

§ 165.T14–132 Security Zone; Pearl Harbor 

and adjacent waters, Honolulu, HI 

(a) Location. The following area, 

within the Honolulu Captain of the Port 

Zone (See 33 CFR 3.70–10), from the 

surface of the water to the ocean floor, 

is a security zone: All waters extending 

500 yards in all directions from U.S. 

Forces vessel SBX–1. The security zone 

moves with the SBX–1 while it is 

aboard M/V BLUE MARLIN or being 

floated-off, then continues to move with 

the SBX–1 while it is in transit. The 

security zone becomes fixed when the 

SBX–1 is anchored, position-keeping, or 

moored. 

(b) Effective Dates. This security zone 

is effective from 12 a.m. (HST) on 

January 13, 2006 to 11:59 p.m. (HST) on 

January 31, 2006. 

(c) Regulations. The general 

regulations governing security zones 

contained in 33 CFR 165.33 apply. Entry 

into, transit through, or anchoring 

within this zone is prohibited unless 

authorized by the Captain of the Port or 

a designated representative thereof. 

(d) Enforcement. Any Coast Guard 

commissioned, warrant, or petty officer, 

and any other Captain of the Port 

representative permitted by law, may 

enforce this temporary security zone. 

(e) Waiver. The Captain of the Port 

may waive any of the requirements of 

this rule for any person, vessel, or class 

of vessel upon finding that application 

of the security zone is unnecessary or 

impractical for the purpose of maritime 

security. 

(f) Penalties. Vessels or persons 

violating this rule are subject to the 

penalties set forth in 33 U.S.C. 1232 and 

50 U.S.C. 192. 

Dated: January 12, 2006. 

M.K. Brown, 

Captain, U.S. Coast Guard, Captain of the 

Port, Honolulu. 

[FR Doc. 06–810 Filed 1–27–06; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–06–001] 

RIN 1625–AA87 

Security Zone; Superbowl XL, Detroit 

River, Detroit, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

on the Detroit River, Detroit, Michigan. 

This zone is intended to restrict vessels 

from a portion of the Detroit River in 

order to ensure the safety of up to 

450,000 people expected to attend 

Super Bowl XL at Ford Field as well as 

related events at Cobo Hall, Hart Plaza 

and the Renaissance Center in 

downtown Detroit. 

DATES: This rule is effective from 8 a.m. 

(local) on January 31, 2006 through 8 

a.m. (local) on February 6, 2006. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket [CGD09–06–001] and are 

available for inspection or copying at 

U.S. Coast Guard Sector Detroit, 110 Mt. 

Elliott Ave. Detroit, MI 48207 between 

8 a.m. (local) and 4 p.m. (local), Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

LTJG Cynthia Channell, Waterways 

Management, Sector Detroit, 110 Mt. 

Elliott Ave., Detroit, MI 48207; (313) 

568–9580. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. The permit 

application was not received in time to 

publish an NPRM followed by a final 

rule before the effective date. Under 5 

U.S.C. 553(d)(3), good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying this rule would be 

contrary to the public interest of 

ensuring the security of the spectators 

and participants during this event and 

immediate action is necessary to 

prevent possible loss of life or property. 

The Coast Guard has not received any 

complaints or negative comments 

previously with regard to this event. 

Background and Purpose 

This temporary security zone is 

necessary to ensure the safety of up to 

450,000 people expected to attend 

Super Bowl XL at Ford Field as well as 

related events at Cobo Hall, Hart Plaza 

and the Renaissance Center in 

downtown Detroit. 

All persons and vessels, other than 

those approved by the Captain of the 

Port Detroit, or his authorized 

representative, are prohibited from 

entering or moving within this security 

zone. The Captain of the Port Detroit, or 

his authorized on-scene representative, 

may be contacted via VHF Channel 16 

for further instructions before transiting 

through the restricted area. The public 

will be made aware of the existence of 

this security zone and the restrictions 

involved via Broadcast Notice to 

Mariners. 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Rules and Regulations 4821 

Discussion of Rule 

A temporary security zone is 

necessary to ensure the safety of up to 

450,000 people that are expected to be 

attending Super Bowl XL at Ford Field 

and related events at Cobo Hall, Hart 

Plaza and the Renaissance Center in 

downtown Detroit. The zone will be in 

effect from 8 a.m. (local) on January 31, 

2006 through 8 a.m. (local) on February 

6, 2006. 

The security zone will encompass an 

area of the Detroit River beginning at a 

point of land adjacent to Joe Louis 

Arena, at 42°19′26.6′′ N, 083°03′06.6′′ W; 

then extending offshore to the 3rd St. 

junction buoy at 42°19′24.2′′ N, 

83°03′4.7′′ W; then northeast through 

the Griswold St. junction buoy at 

42°19′31′′ N, 83°02′34.1′′ W; then 

northeast at to 42°19′40′′ N, 083°02′00′′ 

W; then north to a point on land at 

42°19′46.3′′ N, 083°02′00′′ W (near 

Atwater Customs station); then 

southeast following the shoreline back 

to the point of origin. Vessels in close 

proximity to the security zone will be 

subject to increased monitoring and 

boarding to ensure the safety of the 

security zone. All geographic 

coordinates are North American Datum 

of 1983 (NAD 83). 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port or the designated onscene representative. Entry into, transit, 

or anchoring within the security zone is 

prohibited unless authorized by the 

Captain of the Port Detroit or his 

designated on-scene representative. The 

Captain of the Port or his designated onscene representative may be contacted 

via VHF Channel 16. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

This determination is based on the 

minimal time that vessels will be 

restricted from the zone and that the 

zone is an area where the Coast Guard 

expects insignificant adverse impact to 

mariners from the zones’’ activation. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: the owners and operators of 

vessels intending to transit or anchor in 

a portion of the Detroit River, Detroit, 

Michigan, from 8 a.m. (local) on January 

31, 2006 through 8 a.m. (local) on 

February 6, 2006. 

This security zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: this rule will not 

obstruct the regular flow of commercial 

traffic and will allow vessel traffic to 

pass around the security zone. In the 

event that this temporary security zone 

affects shipping, commercial vessels 

may request permission from the 

Captain of the Port Detroit to transit 

through the security zone. The Coast 

Guard will give notice to the public via 

a Broadcast to Mariners that the 

regulation is in effect. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offered to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. Small businesses may send 

comments on the actions of Federal 

employees who enforce, or otherwise 

determine compliance with, Federal 

regulations to the Small Business and 

Agriculture Regulatory Enforcement 

Ombudsman and the Regional Small 

Business Regulatory Fairness Boards. 

The Ombudsman evaluates these 

actions annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule would not result in 

such an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not concern an environmental risk 

to health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations that 


cprice-sewell on PROD1PC66 with RULES
4822 Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Rules and Regulations 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedure; and related management 

system practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, we believe that 

this rule should be categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation. This 

event establishes a safety zone, 

therefore, paragraph (34)(g) of the 

Instruction applies. 

A preliminary ‘‘Environmental 

Analysis Check List’’ is available in the 

docket where indicated under 

ADDRESSES. Comments on this section 

will be considered before we make the 

final decision on whether the rule 

should be categorically excluded from 

further environmental review. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. A new temporary section 165.T09–

001 is added as follows: 

§ 165.T09–001 Security Zone; Superbowl 

XL, Detroit River, Detroit, MI 

(a) Location: The following area is a 

temporary security zone: An area of the 

Detroit River beginning at a point of 

land adjacent to Joe Louis Arena, at 

42°19′26.6′′ N, 083°03′06.6′′ W; then 

extending offshore to the 3rd St. 

junction buoy at 42°19′24.2′′ N, 

83°03′4.7′′ W; then northeast through 

the Griswold St. junction buoy at 

42°19′31′′ N, 83°02′34.1′′ W; then 

northeast at 42°19′40′′ N, 083°02′00′′ W; 

then north to a point on land at 

42°19′46.3′′ N, 083°02′00′′ W (near 

Atwater Customs station); then 

southeast following the shoreline back 

to the point of origin. All geographic 

coordinates are North American Datum 

of 1983 (NAD 83). 

(b) Effective period. This regulation is 

effective from 8 a.m. (local) on January 

31, 2006 until 8 a.m. (local) on February 

6, 2006. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.33 

of this part, entry into, transiting, or 

anchoring within this security zone is 

prohibited unless authorized by the 

Captain of the Port Detroit, or his 

designated on-scene representative. 

(2) This security zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on-scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the security zone shall 

contact the Captain of the Port Detroit 

or his on-scene representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the security zone shall comply with all 

directions given to them by the Captain 

of the Port Detroit or his on-scene 

representative. 

Dated: January 11, 2006. 

P.W. Brennan, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. 06–811 Filed 1–27–06; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2006–0017; FRL–8026–1] 

Disapproval of Air Quality 

Implementation Plans; Montana; 

Maintenance of Air Pollution Control 

Equipment for Existing Aluminum 

Plants 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is disapproving a State 

Implementation Plan revision submitted 

by the State of Montana on January 16, 

2003. If approved, this revision would 

exempt existing aluminum plants from 

meeting emission requirements during 

scheduled maintenance. This action is 

being taken under section 110 of the 

Clean Air Act. 

DATES: Effective Date: This final rule is 

effective March 1, 2006. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2006–0017. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Air and Radiation Program, 

Environmental Protection Agency 

(EPA), Region 8, 999 18th Street, Suite 

300, Denver, Colorado 80202–2466. EPA 

requests that if at all possible, you 

contact the individual listed in the FOR


cprice-sewell on PROD1PC66 with RULES